The Lok Sabha, India’s lower house of Parliament, granted approval recently to a significant legislative initiative, the Chief Election Commissioner and Other Election Commissioners (Appointment, Conditions of Service, and Term of Office) Bill, 2023, despite facing criticism from the opposition.
Exclusion of the chief justice of India from the selection committee is one of the major alterations brought about by this Bill, which seeks to replace the existing 1991 Election Commission Act.
Under the new bill, appointments of chief election commissioner and election commissioners will be made by the president based on recommendations of a three-member committee, composed of the prime minister, a union cabinet minister selected by the prime minister, and the leader of the opposition in the Lok Sabha. Candidates must have previously served in a position equivalent to a secretary to the government of India, demonstrating qualities of integrity and election management expertise.
Non-renewable six-year terms for commissioners and conditions for their removal only through parliamentary impeachment on grounds of misbehavior or incapacity are other notable aspects of the new law. Additionally, the salaries and allowances of commissioners will be on par with India’s cabinet secretary.
Despite these measures, concerns have been voiced by the opposition, with Indian National Congress (INC) Member of Parliament (MP) Randeep Singh Surjewala criticising the bill’s potential to enable the government to exert influence over the appointment of commissioners, potentially favoring the ruling party. He cited an example of such possible executive control as the exclusion of the Chief Justice of India from the selection committee. Surjewala also raised doubts about the impartiality of appointments, suggesting that party loyalty might supersede merit and expertise.
The opposition also expressed reservations regarding the provision for a fixed six-year term, interpreting it as a potential source for bias among commissioners. Concerns were aired about the lack of consultation with civil society representatives in the decision-making process.
Despite strong opposition, the government continues to stand by the measures outlined in the bill. They defend the legislation as ensuring a transparent and objective process, with protections to preserve the autonomy of the Election Commission of India. The fixed term duration and stringent conditions for removal are touted as safeguards against undue political interference.
The full discussion and details surrounding this legislation can be found here.